HomeMy WebLinkAboutNEIL RAAJ AND DEZINA M. SONI, TRUSTEES OF THE DINELLE FAMILY TRUSTWhen recorded, please mail this
Instrument to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, 111130
Santa Ana, California 92701
Free recording requested by
The City of Santa Ana per
Government Code Section 6103, 27383.
USE
COPY
SPACE ABOVE THIS LINE FOR RECORDER'S
Cancel
Approved AS TO
Approvetl ey
Description
Description
AP. Number
RIW Map Number
Project
Taxes
Form BY Ady.
DlreCtor
written BY
Checked-0.K
Number
G.R.T.
A.C.
398-453-01
O • 0W A Buik'vx Pet✓ ) ( %,A)' �-- Return FULLY EXECUTED
OCT 0 4 2022 EASEMENT DEED copy to COTC M-30
(The undersigned Grantor hereby declare the documentary transfer tax is $0.00
this is a conveyance to an exempt governmental entity or political subdivision. R&T 11922)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Neil Raaj and Dezina M. SON, Trustees of the Dinelle Family Trust dated February 5, 2015
Deed No. 8846
N-2022-293
Does Hereby Grant to the CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California, the
real property in the City of Santa Ana, County of Orange, State of California, described as follows:
An easement for public street purposes as described in Exhibit "A" attached hereto
and by this reference made a part hereof, and as shown on Exhibit "B" attached
hereto reference only.
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Dated:
STATE OF
For: Neil RaajSoni and Dezina M. Soni
By:
)SS. kii S'Ja✓
I Print Nbme
before me, For: Neil aaj Soni and Dezina M. Soni
y
�C-21NA .�aN k
tu..-� r +rn r r I c —'I r Print Name
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) Ware subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in kkili er/their
authorized capecity(ies), and that by hie/ker/their signature(s) on the o
instrument the person(s) or entity upon which the person(s) acted, aE •. ANGEL J I M E N E Z
•`� cw'il A. # 2323928
executed the instrument e® ; ^ NOTARY PUBLIC - 5LIFOMIA
2' ORANGE I certify under PENALTY OF PERJURY under the laws of the State
+�� oew, COMM. EXPIRES P�R.n1? 2024"
of California that the foregoing paragraph is true and correct,
WITNESS m nd and Icia eay
Signature ° (This area for official notarial seal)
N-2022-293
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by easement deed #8846 dated
August 16, 2022 signed by Neil Raaj Soni and Desina M. Soni, Trustees of the Dinelle Family
Trust, to the City of Santa Ana, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California, is hereby accepted by the undersigned officer or
agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and
Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998,
in compliance with California Government Code Section 27281 and the grantee consents to
recordation thereof by its duly authorized officer.
q -ZA- Zoz-L
Dated
For the City of Santa Ana:
By: �7�-1 � 4.---- -t o'
City Manager
Kristine Ridge
Attested By:
l0��122 By: u-
Dated City Clerk
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On September 29, 2022 before me, Claudia M. Femandez-Shaw, Notary Public
(insert name and title of the officer)
personally appeared Steven A. Mendoza
who proved to me on the basis of satisfactory evidence to be the personK) whose name,(-§ S
subscribed to the within instrument and acknowledged to me that iaZ�s� executed the same in
erJSdei� authorized capacity(ies)-and that by,(lher/ttfeir signatures} on the instrument the
person(, or the entity upon behalf of which the person�sl acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
°• �, CLAUDIA M. FERNANDEZ-SHAW
Notary Public -California
-; Orange County E
Commission 6 2389597
+ '�•e• ` My Comm. Expires Jan 25, 2026 —
EXHIBIT 'A'
LEGAL DESCRIPTION FOR
PUBLIC STREET EASEMENT
THE NORTHWEST CORNER OF LOT 6, IN BLOCK D OF THE SANTA
ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S
ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT, THENCE
ALONG THE NORTH LINE OF SAID LOT EAST A DISTANCE OF 17.00
FEET; THENCE SOUTH 45°00'00" WEST A DISTANCE OF 24.04 FEET
TO A POINT ON THE WEST LINE OF SAID LOT, SAID POINT BEING
17,00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT;
THENCE ALONG SAID WEST LINE A DISTANCE OF 17.00 FEET TO
THE POINT OF BEGINNING.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
TOTAL AREA OF STREET DEDICATION IS 144.50 SQUARE FEET
PREPARED BY ME OR UNDER MY SUPERVISION QpoFESSioNq
R. W4�,Fi^`��
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— 6✓t EAST—375.00' (R.D.) —
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0rTA ANA INV. CO! 1, HUMPHRErS ADD.
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— Gil: EAST 375.00' (R.D.)
— —
SECOND STREET
NOTE:
THIS MAP WAS PREPARED FROM RECORD
DATA AND DOES NOT REPRESENT A SURVEY
OF THE PROPERTY SHOWN HEREON
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LEGEND
EXTERIOR BOUNDARY LINE
— — — — LOT BOUNDARY LINE
----- STREET CENTERLINE (C/L)
APN ASSESSOR'S PARCEL NUMBER
R.D. RECORD DISTANCE
® PUBLIC STREET EASEMENT AREA
I STREET DEDICATION PLAT IN THE CITY OF SANTA ANA I
BY ME OR UNDER MY
NEIL RAAJ SONI AND DEZINA M. SONI,
TRUSTEES OF THE DINELLE FAMILY TRUST
DATED FEBRUARY 5,2015
GARY R. WAI
R.C.E. 21670
EXHIBIT "B'
STREET DEDICATION PLAT
SHEET IOFI
a1h La
vvyrsTztle
Lawyers Title - OC
16755 Von Karman Ste. 100
Irvine, CA 92606
Attn: Samantha Strandqvist
Your Reference No:
Lawyers Title Company
16755 Von Karman Avenue Suite 100
Irvine, CA 92606
Phone:(949) 223-5575
Fax: ( )
Title Officer: Samantha Strandqvist--So
email: tu53@ltic.com
Phone No.: (949) 223-5575
Fax No.; (818) 252-4555
File No.: 222532191
Property Address: 4723 West McFadden Avenue, City of Santa Ana, California
Dated as of September 8, 2022 at 7:30 a.m.
In response to the application for a policy of title insurance referenced herein, Lawyers Title
Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a
policy or policies of title insurance describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an exception herein or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said
policy or policies are set forth in Attachment One. The policy to be Issued may contain an
arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration
clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and
ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum
Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the
policy forms should be read. They are available from the office which issued this report.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land
Title Insurance company.
Please read the exceptions shown or referred to below and the exceptions and
exclusions set forth in Attachment One of this report carefully. The exceptions and
exclusions are meant to provide you with notice of matters which are not covered under
the terms of the title insurance policy and should be carefully considered. It is important
to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If It is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
CLTA Preliminary Report Form - Modified (11-17-06) _
Page 1
File No: 222532191
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
ALTA Loan 2006
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Lexuan Nguyen, Trustee of the Van Hung Nga Living Trust dated 09-07-07
The land referred to herein is situated in the County of Orange, State of California, and is described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form - Modified (11-17-06)
Page 2
File No: 222532191
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10
WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 12 OF MISCELLANEOUS
MAPS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL 3, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 125 PAGES 49 AND 50 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
ASSESSOR'S PARCEL NUMBER: 108-131-04
CLTA Preliminary Report Form — Modified (11-17-06)
Page 3
File No: 222532191
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said
policy form would be as follows:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected with
taxes to be levied for the fiscal year 2022-2023.
B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4,
respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer
of title to the vestee named in Schedule A or as a result of changes in ownership or new
construction occurring prior to Date of Policy.
1. Covenants, conditions, or restrictions, if any, appearing In the Public Records; however, this policy
insures against loss or damage arising from:
(a) the violation of those covenants, conditions, or restrictions on or prior to Date of Policy;
(b) a forfeiture or reversion of Title from a future violation of those covenants, conditions, or
restrictions, including those relating to environmental protection; and
(c) provisions in those covenants, conditions, or restrictions, including those relating to
environmental protection, under which the lien of the Insured Mortgage can be extinguished,
subordinated, or impaired.
As used In paragraph 2(a), the words "covenants, conditions, or restrictions" do not refer to or
include any covenant, condition, or restriction (a) relating to obligations of any type to perform
maintenance, repair or remediation on the Land, or (b) pertaining to environmental protection of
any kind or nature, Including hazardous or toxic matters, conditions, or substances, except to the
extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed
in the Public Records at Date of Policy and is not referenced in an addendum attached to this
policy.
2. Any easements or servitudes appearing in the Public Records; however, this policy insures against loss
or damage arising from (a) the encroachment, at Date of Policy, of the improvements on any
easement, and (b) any interference with or damage to existing improvements, including lawns,
shrubbery, and trees, resulting from the use of the easements for the purposes granted or reserved.
3. Any lease, grant, exception, or reservation of minerals or mineral rights or other subsurface
substances appearing in the Public Records; however, this policy insures against loss or damage
arising from (a) any effect on or impairment of the use of the Land for residential one -to -four family
dwelling purposes by reason of such lease, grant, exception or reservation of minerals or mineral
rights or other subsurface substances, and (b) any damage to existing improvements, including lawns,
shrubbery, and trees, resulting from the future exercise of any right to use the surface of the Land for
the extraction or development of the minerals or mineral rights or other subsurface substances so
leased, granted, excepted, or reserved. Nothing herein shall insure against loss or damage resulting
from contamination, explosion, fire, fracturing, vibration, earthquake or subsidence.
4. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company
reserves the right to require further evidence to confirm that the property is unencumbered, and
further reserves the right to make additional requirements or add additional items or exceptions upon
receipt of the requested evidence.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 4
File No: 222532191
S. Any invalidity or defect in the title of Vestees In the event such trust is invalid or fails to confer
sufficient powers In the trustees or in the event there is lack of compliance with the terms and
provisions of the trust Instrument.
If title is to be insured in the trustee(s) of a trust, (or if their act is to be Insured), this Company will
require a Trust Certification pursuant to California Probate Code Section 18100.5.
The Company reserves the right to add additional Items or make further requirements after review of
the requested documentation.
6. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not
disclosed by the Public Records.
The Company will require, for review, a full and complete copy of any unrecorded agreement,
contract, license and/or lease, together with all supplements, assignments and amendments
thereto, before Issuing any policy of title insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements
after reviewing said documents.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR
INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
File No: 222532191
REQUIREMENTS SECTION:
Req. No. 1: In order to complete this report, the Company requires a Statement of Information
to be completed by the following party(s),
Party(s): All Parties
The Company reserves the right to add additional items or make further
requirements after review of the requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and
examination of title under this order. Any title search includes matters that are
indexed by name only, and having a completed Statement of Information assists the
Company in the elimination of certain matters which appear to Involve the parties
but in fact affect another party with the same or similar name. Be assured that the
Statement of Information is essential and will be kept strictly confidential to this file.
Req. No. 2: The Company will require either (a) a complete copy of the trust agreement and any
amendments thereto certified by the trustee(s) to be a true and complete copy with
respect to the hereinafter named trust, or (b) a Certification, pursuant to California
Probate Code Section 18100.5, executed by all of the current trustee(s) of the
hereinafter named trust, a form of which is attached.
Name of Trust: The Van Hung Nga Living Trust Dated 09-07-07
CLTA Preliminary Report Form - Modified (11-17-06)
Page 6
File No: 222532191
INFORMATIONAL NOTES SECTION
Note No. 1: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not
guaranteed, nor is it a part of any policy, report or guarantee to which it may be
attached.
Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and
sub -escrow funds by title companies. The law requires that funds be deposited in
the title company escrow account and available for withdrawal prior to
disbursement. Funds deposited with the company by wire transfer may be disbursed
upon receipt. Funds deposited with the company via cashier's check or teller's check
drawn on a California based bank may be disbursed on the next business day after
the day of deposit. If funds are deposited with the company by other methods,
recording and/or disbursement may be delayed. All escrow and sub -escrow funds
received by the company will be deposited with other escrow funds in one or more
non -Interest bearing escrow accounts of the company In a financial institution
selected by the company. The company may receive certain direct or indirect
benefits from the financial institution by reason of the deposit of such funds or the
maintenance of such accounts with such financial institution, and the company shall
have no obligation to account to the depositing party in any manner for the value
of, or to pay to such party, any benefit received by the company. Those benefits
may Include, without limitation, credits allowed by such financial institution on loans
to the company or its parent company and earnings on investments made with the
proceeds of such loans, accounting, reporting and other services and products of
such financial institution. Such benefits shall be deemed additional compensation of
the company for its services in connection with the escrow or sub -escrow.
For wiring Instructions please contact your Title Officer or Title Company
Escrow officer.
Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The
insurer in policies of title insurance, when issued in this transaction, will be
Commonwealth Land Title Insurance Company.
Note No. 4: Notice: Please be aware that due to the conflict between federal and state laws
concerning the cultivation, distribution, manufacture or sale of marijuana, the
Company Is not able to close or insure any transaction involving Land that is
associated with these activities.
Note No. 5: None of the items shown in this report will cause the Company to decline to attach
CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued.
Note No. 6: The following information will be included in the CLTA Form 116 or ALTA Form 22-06
Endorsement to be issued pursuant to this order:
There is located on said Land: Single Family Residence
Known as: 4723 West Mcfadden Avenue, City of Santa Ana, California.
Note No, 7: There are no conveyances affecting said land recorded within 24 months of the date
of this report.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 7
File No: 222532191
Note No. 8: The Company requires current beneficiary demands prior to closing. If the demand
is expired and a current demand cannot be obtained, our requirements will be as
follows:
(a) If this Company accepts a verbal update on the demand, we may hold an
amount equal to one monthly mortgage payment, This hold will be in addition to
the verbal hold the lender may have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we will either
pay off the expired demand, or wait for the amended demand, at our discretion.
(c) All payoff figures are verified at closing. If the customer's last payment was
made within 15 days of closing, our Payoff Department may hold one month's
payment to insure check has cleared the bank (unless a copy of the cancelled
check is provided, in which case there will be no hold).
Note No. 9: Property taxes, including any personal property taxes and any assessments
collected with taxes, are PAID. For proration purposes the amounts were:
Tax Identification No.: 108-131-04
Fiscal Year:
2021-2022
1st Installment:
$6,858.93
2nd installment:
$6,858.93
Exemption:
None
Code Area:
11-076
Note No. 10: Pursuant to Government Code Section 27388.1, as amended and effective as of 1-
1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be
completed and submitted with each document when DTT is being paid or when an
exemption is being claimed from paying the tax. If a governmental agency is a
party to the document, the form will not be required. DTT Affidavits may be
available at a Tax Assessor -County Clerk -Recorder.
Note No. 11: The following Exclusion(s) are added to preliminary reports, commitments and will
be Included as an endorsement in the following policies:
A. 2006 ALTA Owner's Policy (06-17-06).
6) Defects, liens, encumbrances, adverse claims, notices, or other matters
not appearing in the Public Records but that would be disclosed by an
examination of any records maintained by or on behalf of a Tribe or on
behalf of its members.
B, 2006 ALTA Loan Policy (06-17-06).
CLTA Preliminary Report Form - Modified (11-17-06)
Page 8
File No: 222532191
8) Defects, liens, encumbrances, adverse claims, notices, or other matters
not appearing in the Public Records but that would be disclosed by an
examination of any records maintained by or on behalf of a Tribe or on
behalf of its members.
9) Any claim of invalidity, unenforceability, or lack of priority of the lien of
the Insured Mortgage based on the application of a Tribe's law resulting
from the failure of the Insured Mortgage to specify State law as the
governing law with respect to the lien of the Insured Mortgage.
C. ALTA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowner's
Policy of Title Insurance (12-02-13).
10) Defects, liens, encumbrances, adverse claims, notices, or other matters
not appearing in the public records but that would be disclosed by an
examination of any records maintained by or on behalf of a tribe or on
behalf of its members.
D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-
15).
12) Defects, liens, encumbrances, adverse claims, notices, or other matters
not appearing in the Public Records but that would be disclosed by an
examination of any records maintained by or on behalf of a Tribe or on
behalf of its members.
13) Any claim of invalidity, unenforceability, or lack of priority of the lien of
the Insured Mortgage based on the application of a Tribe's law resulting
from the failure of the Insured Mortgage to specify State law as the
governing law with respect to the lien of the Insured Mortgage.
E. CLTA Standard Coverage Policy 1990 (11-09-18).
7) Defects, liens, encumbrances, adverse claims, notices, or other matters
not appearing in the public records but that would be disclosed by an
examination of any records maintained by or on behalf of a tribe or on
behalf of Its members.
8) Any claim of invalidity, unenforceability, or lack of priority of the lien of
the Insured mortgage based on the application of a tribe's law resulting from
the failure of the insured mortgage to specify state law as the governing law
with respect to the lien of the insured mortgage.
Processor: VV
Date Typed: September 16, 2022
CLTA Preliminary Report Form - Modified (11-17-06)
Page 9
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Except W the extent a policy of Utle a surancB Is expressly mptlihetl by enaoreement, if annY,own [here any tloes not Insure dimensions, tllstanees, location at easements, acreage or pMer matters